Friday, November 04, 2005

Yay Me

Pardon the long silences. Between cranky school computers and travelling a hundred miles a day, I've had very little opportunity to update people on my situation. I am glad to say that the situation is remedied by the purchase of a slightly-used laptop.

I am currently studying for my MPRE, which is a component of getting called to the California Bar. People tell me its easy. I don't believe them - hence my nigh-religious mugging and neglect of all important things, blogging included.

One thing I have noticed about law school in America. It feels like I'm back in NUS. The more things change, the more they stay the same. The mass hysteria to join large firms, check. Leaving assignments to the last minute, check. Having way too many activities to reasonably choose from, double check.

More later. Finishing up a mock MPRE exam.

5 comments:

Anonymous said...

I am thinking of embarking on what you are currently doing. I hope that you succeed.

That's all for now.

WH.

Anthony said...

Anonymous,

Good luck. A lot of mystique is just that - mystique.

The Legal Janitor said...

Anthony:

Hello!

Haha, yes, I’ve heard complaints from a UK law student that Australia has ‘an overdeveloped jurisdiction of equity’ before. I don’t agree with that though.

Any specifically enforceable contract, or part performed oral agreement, or constructive/resulting trust, will be an equitable interest, regardless of the lack of formalities (registration/writing/caveat). Equitable interests can’t be registered anyway.

Caveats don’t create interests in land by themselves, but are only considered when having to establish priorities between competing land interests.

Believe it or not, property law is the damn bloody hardest subject I’ve done in law so far, and I actually understand it better than any of the other subjects I’ve done. Damn, I think the ol’brain is finally kicking in.

Anthony said...

Well, no, caveats don't. And yet they do.

Under the Singapore Torrens System, every transfer of title leads to indefeasible title, subject only to caveats registered on the title.

The pratical effect is that the whole equitable mortgage doctrine does not work without an additional registration of a caveat, or it will get extinguished when title is transferred.

Weird huh?!

The Legal Janitor said...

actually that works out to be the same as in the Australian Torrens system.

prior eq. interest v subsequent registered interest

say in such a scenario, the Torrens title is indefeasible, subject to some statutory exceptions (fraud, volunteers, in personam actions). And of course, if title hasn't been transferred yet, caveats will notify the Registrar of competing interests and hold the transfer till the interests are resolved.

My mistake, the earlier mention of how caveats are only considered with regards to priorities, is only when the competing interests are BOTH equitable interests.

heh, I'm rambling now... eck.